Buti, Antonio --- "Review of Rees and Chapman's Limitation of Actions Handbook Victoria" [1999] MurdochUeJlLaw 17; (1999) 6(2) Murdoch University Electronic Journal of Law

Review of Rees and Chapman's Limitation of Actions Handbook Victoria (Butterworths)

Author:	Antonio Buti BPE (Hons), Dip Ed, MIR, LLB (Hons) (ANU) Senior Lecturer, Murdoch University School of Law
Issue:	Volume 6, Number 2 (June 1999)

1. The introductory sentence in the Preface of this book states: The purpose of this book is to set out for the general legal practitioner, in easily readable style, a commentary on the scope and application of the various provisions of the Limitation of Actions Act 1958 and the Choice of Law (Limitations Periods) Act 1993(at vii).

2. There is little doubt that the practitioner of law needs to be aware of the 'limitation laws' in the jurisdiction they ply their trade. The plaintiff lawyer must ensure they commence actions within the proscribed time and if they fail to do so, what are the ramifications for their clients (i.e. Does it fatally bar the proceeding of an action? Does the court have a discretion to grant an extension? Does the relevant limitation act apply to the type of cause of action in question? etc). The defence lawyer must be aware of the possibilities of utilising a time limitation proscribed by a statute of limitation to bar a cause of action.

3. Rees and Chapman successfully achieved their purpose for writing the book. The legal practitioner in Victoria now has access to a well structured and written book on the Limitation of Actions Act 1958. It should be noted '[t]he focus of this book is not limitation periods in general, but specifically those within the purview of the Limitation of Actions Act 1958'(at xix). Even though the Limitation of Actions Act 1958 governs the law on limitations in Victoria, many of the relevant principles are derived or established by the common law. In an introductory chapter, Rees and Chapman provide an excellent discussion on 'the general common law principles of limitation.' While the chapter includes cross-referencing to sections of the Act, the discussion is informative and of some significance to lawyers throughout Australia. For example, the reader is informed:

   A time limitation imposed by a statute of limitation operates in respect of a right independently existing, in contrast to a time limitation annexed by a statute to a right created by that statute. In the latter case, 'the limitation does not bar an existing cause of action. It imposes a condition which is the essence of a new right': Australian Iron & Steel v Hoogland [1962] HCA 13; (1961) 108 CLR 471; [1962] ALR 842. Where a claim is created purely by statute, the statute has to be given its full effect, including any engrafted time limitation of whatever character: Crown v McNeil [1922] HCA 33; (1922) 31 CLR 76 (at 1).

4. In addition to the Limitations of Actions Act 1958 being examined and annotated, annotations on the Victorian Choice of Law (Limitation Periods) Act 1993 are included (at 107 - 109). The annotations are comprehensive and clearly written.

5. Very useful tables on limitation periods in Victoria (at 111 - 118) and in the Federal (119 - 123) jurisdictions are presented. The tables are not exhaustive. The reader is warned that the tables should only be used as a guide and '[p]ractitioners should rely upon their own research when advising in relation to limitations problems' (at 111, 119). This sound advice is relevant for all legal problems faced by practitioners.

6. This book should be of great benefit to all legal practitioners in Victoria (with some utility for lawyers practicing in other jurisdictions). Its usefulness is significantly enhanced by the inclusion at the end of the book of a number of relevant precedent documents (at 125- 132).